Opinion
October, 1898.
A.J. Wise, for appellant.
Wahle Stone, for respondent.
The owner having discharged the lien by deposit with the county clerk, no order for its continuance was necessary in order to support a foreclosure action instituted after the expiration of a year from the date of filing the lien. Hafker v. Henry, 5 A.D. 258. The judgment also was not so erroneous in form as to call for a reversal. Egan v. Laemmle, 5 Misc. 244.
Present: BEEKMAN, P.J., GILDERSLEEVE and GIEGERICH, JJ.
Judgment affirmed, with costs.